HomeMy WebLinkAbout1980ORDINANCE NO. 1980
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 2.50.030, 2.50.040,
AND 2.50.060 OF THE PALM SPRINGS MUNICIPAL CODE
MODIFYING PROVISIONS RELATED TO THE
ADMINISTRATIVE APPEALS BOARD AND PROVIDING
FOR ALTERNATE BOARD MEMBERS.
City Attorney's Summary
This Ordinance amends provisions of Chapter 2.50 which
provides for the function of the City's administrative appeals
board. It creates two alternate board member positions, and
establishes the role and responsibility of alternates on the
Administrative Appeals Board.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. From time to time, the City of Palm Springs (City) has had difficulty procuring the
presence of more than three (3) Administrative Appeals Board (Appeals Board) members
at scheduled hearings
B. The efficient and effective function of the City's Appeals Board advances the public
welfare.
C. The City Council wants to ensure that the Appeals Board makes its decisions upon
the important matters it considers by not less than a quorum of the body.
The City Council of the City of Palm Springs ordains:
SECTION 1. The City Council incorporates the true and correct findings above in
this Ordinance as the basis and foundation for the action now taken.
SECTION 2. Title 2, Chapter 2.50, Section 2.50.030 of the Palm Springs Municipal
Code (PSMC), the section of the City's administrative appeals board ordinance that
addresses "Membership -Creation," is hereby amended in its entirety to read as follows:
There is created within the city an administrative appeals board which shall consist of five
members and two alternate members to be appointed in the manner prescribed in Section
2.04.060, to serve at the pleasure of the City Council. Any year(s) served as an alternate
member will not counted in relation to the number years of continuous service allowed for
regular administrative appeals board members pursuant to Section 2.06.010(g).
Ordinance No. 1980
Page 2
SECTION 3. PSMC Title 2, Chapter 2.50, Section 2.50.040, the section of the
City's administrative appeals board ordinance that addresses "Membership -Terms," is
hereby amended in its entirety to read as follows:
(a) Except as otherwise specified with respect to alternate board members in Section
2.50.030, members of the administrative appeals board shall be appointed or removed in
accordance with and shall be subject to all of the provisions of Chapter 2.06 of this Code,
as that Chapter and its provisions may be amended from time to time.
(b) The City Clerk shall ensure to the extent practicable, by recommendation to the
City Council, that no more than two of the five administrative appeals board members
shall commence or complete their terms at the same time.
(c) In making appointments to the administrative appeals board, the City Council will
bear in mind the nature of the board and the special expertise needed to exercise its
function. The Council will endeavor to appoint as members persons with special expertise
in providing due process in the conduct of hearings.
(d) The Council shall appoint two alternate board members to ensure to the greatest
extent practicable that the board may always take action, in accordance with Section
2.50.060(c), by a vote of a full quorum of the board, including alternate board members.
SECTION 4. PSMC Title 2, Chapter 2.50, Section 2.50.060, the section of the
City's administrative appeals board ordinance that addresses "Meetings," is hereby
amended to read as follows:
(a) The board shall meet in the City Hall at such time and day as the board may
establish, as frequently as necessary to carry out the purposes of this chapter. The City
Clerk shall, to the extent practicable, arrange the presence of all five board members and
at least one alternate board member at each board meeting. In the event that more than
one board member is unavailable to attend a board meeting, the City Clerk shall arrange
for the presence of both alternate board members at the meeting in question. The board
may, in an exercise of discretion, adopt such policies and procedures as it deems
necessary and appropriate to provide for.the participation of an alternative board member
at a meeting, in lieu of a board member, when all five board members are present.
(b) Three members of the board, including alternate board members, shall constitute
a quorum. Any ruling, decision or other action of the board must be by vote of a full quorum
of the board, including alternate board members.
(c) It shall be the obligation of the members of the board to attend all meetings. If a
member absents himself or herself from three consecutive meetings, or from twenty-five
percent of the duly scheduled meetings within any fiscal year, without having been
excused from doing so by the board, the chair shall file a certification with the City Clerk
that such absences have occurred, and the office of the absent board member shall
thereupon automatically become vacant and shall be filled as any other vacancy.
Ordinance No. 1980
Page 3
(d) The City Clerk shall not schedule a board unless five board members, including
alternate board members, confirm their availability to attend the board meeting.
(e) Notwithstanding any other provision of this Code, in the event that the City Clerk
cannot schedule a timely meeting for the board to consider an appeal pursuant to Section
2.50.080(c), within forty-five days of the filing of the notice of that appeal, the meeting and
the hearing on that appeal shall be timely, under this Chapter and for all purposes, if
scheduled in accordance with this Section 2.50.060(e). The City Clerk shall schedule a
board meeting for the hearing on any appeal not scheduled within forty-five days of the
filing of the notice of that appeal, on one the three first three business days, after that
forty-fifth day, when five board members, including alternate board members, are
available to attend a board meeting.
SECTION 5. If any section or provision of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this
ordinance shall remain valid. The City Council hereby declares that it would have adopted
this Ordinance, and each section or provision thereof, regardless of the fact that any one
or more section(s) or provision(s) may be declared invalid or unconstitutional or
contravened via legislation.
SECTION 6. Neither introduction nor adoption of this Ordinance represents a
"project" for purposes of the California Environmental Quality Act (CEQA), as that term is
defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is an
organizational or administrative activity that will not result in a direct or indirect physical
change in the environment, per section 15378(b)(5) of the Guidelines.
SECTION 7. The Mayor shall sign, and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of applicable law; this Ordinance shall
take effect thirty (30) days after passage.
PASSED, APPROVED AND ADQPT510 THE PALM SPRINGS CITY
COUNCIL THIS 20TH DAY OF FEBRUARY, 2019.
T MOON, MAYOR
ATTEST:
ANTHONY J
CITY CLERK
Ordinance No. 1980
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) Ss
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1980 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 6t" day of February, 2019, and
adopted at a regular meeting of the City Council held on the 20th day of February, 2019,
by the following vote:
AYES: Councilmembers Holstege, Middleton, Mayor Pro Tem Kors, and
Mayor Moon
NOES: None
ABSENT: Councilmember Roberts
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 2 7 f— day of 1e— _� � .--4 lc, o ` i
6THONY . M M
CITY CLE